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ENB - Region 9 Notices 04/28/2010

Public Notice

Notice of Complete Application
Notice of State Draft 6NYCRR PART 373 Permit Modification
Notice of Legislative Public Statement Hearing
Notice of Public Comment Period

EPA ID No.: NYD049836679
DEC No.: 9-2934-00022/00097

The New York State Department of Environmental Conservation (NYS DEC) has reviewed Hazardous Waste Management Permit modification applications submitted by:

CWM Chemical Services, LLC (CWM)
1550 Balmer Road
Model City, NY 14107

and has made a tentative determination to issue 6 NYCRR Part 373 Permit modifications.

NYS DEC is providing the public with an opportunity to supply input on the Draft Permit modifications through a Legislative Public Hearing process and a written public comment period.

Facility Description and Proposed Permit Modifications CWM currently owns and operates a hazardous waste management facility in the Town of Porter, Niagara County. A renewal of CWM's Part 373 Permit for hazardous waste management was issued on August 5, 2005.

The Draft Permit modifications would allow the addition of Tanks T-165 and T-220, revisions to the tank treatment process, and installation of steel containment pans in the PCB Warehouse Container Storage Area. Tank T-165 has a design capacity of 876,800 gallons and would be installed outside the southeast corner of the RMU-1 landfill. It would receive contaminated storm water from a retention basin located within the landfill. Tank T-220 has a design capacity of 30,000 gallons and would be located outside, just to the east of the AWT building. Tank T-220 would be used as a treatment tank to blend compatible aqueous wastes. The tank treatment process revisions would allow certain existing tanks to be used for both treatment and storage of liquid hazardous waste. The steel containment pans to be installed in Area 3/6 of the PCB Warehouse would be used as secondary containment for the storage of drums containing liquid hazardous wastes. The pans would limit liquid storage in Area 3/6 to 160 drums and reduce the total storage capacity (liquid and solid drums) to 1358 drums. Further information on the Draft Permit modifications and public involvement process is contained in a publically available Fact Sheet.

Public Statement Hearing and Written Comments: A Legislative Public Statement Hearing on the Draft Permit modifications will be held at Lewiston-Porter High School Auditorium, 4061 Creek Road, Youngstown, NY on May, 17, 2010 beginning at 6:00 pm. It is not necessary to file a written request in advance to speak at this Hearing. Written Statements are encouraged and may be filed at the Hearing. A time limit on oral statements may be imposed.

All interested persons/parties are invited to submit written comments during a minimum forty-five (45) day written public comment period which will begin on April, 28, 2010 and extends through June 14, 2010. During this comment period, written statements may be mailed to: Administrative Law Judge (ALJ) Molly McBride, NYS DEC, 625 Broadway, Albany, NY 12233-1550.

Tentative Determination: NYS DEC has found the CWM Permit modification applications complete and has made a tentative determination to issue the Permit modifications for the aforementioned changes. The Draft Permit modifications have been prepared pursuant to the applicable regulations in 6 NYCRR Part 373-2.

Pursuant to Part 617 of the New York State regulations for Article 8 (the State Environmental Quality Review Act), NYS DEC has determined that the proposed actions described above, are all Unlisted actions and Negative Declarations for each of these actions are on file at DEC's Region 9 Office and are available through the NYS DEC web address indicated below.

Document Availability: Hard copies of the Draft Permit modifications and the aforementioned Fact Sheet are available for public review during normal business hours at: NYS DEC - Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203-2915 (contact person: Bidjan Rostami at (716) 851-7220); the Youngstown Free Library, 240 Lockport Street, Youngstown, NY 14174; the Lewiston Public Library, 305 South Eighth Street, Lewiston, NY 14092; the Porter Town Hall, 3265 Creek Road, Youngstown, NY 14174; and online, the Draft Permit modifications and the aforementioned Fact Sheet can be downloaded from the NYS DEC's public web site at: http://www.dec.ny.gov/chemical/8766.hmtl.

Brownfield Cleanup Program

The New York State Department of Environmental Conservation (DEC) has received a Brownfield Cleanup Program (BCP) application from WCBC Washington, LLC for a site known as the A & A Metal Fabricating Inc., Site ID #C961011. This site is located in the Town of Perry, within the County of Wyoming, and is located at 90 Washington Boulevard, Perry, New York 14530. Comments regarding this application must be submitted no later than May 29, 2010. Information regarding the site, the application, and how to submit comments can be found at http://www.dec.ny.gov/chemical/60058.html or you can send comments to: Timothy Dieffenbach, NYS DEC - Region 9, 270 Michigan Avenue, Buffalo, NY 14203.

Negative Declaration

Chautauqua County - The Town of Westfield Town Board, as lead agency, has determined that the proposed Concord Grape Belt Heritage Area Management Plan will not have a significant adverse environmental impact. The action involves the preparation of the Concord Grape Heritage Area Management Plan. The plan focuses on helping the communities preserve, protect and interpret the unique heritage and culture of the Grape Belt. Its recommendations will help Grape Belt communities revitalize local economies and enhance them through tourism and growth of the visitor industry while also sustaining them to ensure they continue to support the culture of the Grape Belt, and for future generations of visitors to experience and enjoy. The project is located in the Concord Grape Heritage Area - Chautauqua County Lake Erie Shoreline to 1300 feet elevation contour.

Contact: Martha Bills, Town of Westfield, Phone: (716) 326-3211.

Erie County - The Town of Tonawanda, as lead agency, has determined that the proposed Alcott-Tarkington Road Link Project will not have a significant adverse environmental impact. The action involves construction of a new road surface with underground utilities measuring approximately 25 feet long by 28 feet wide that will connect two existing roadways within the Sheridan-Parkside neighborhood. The project will also involve the reconstruction of the existing portions of Alcott Court and Tarkington Court from East Park Drive to Sheridan-Parkside Drive with new curbs, sidewalks, aprons and utility connections for future single-family home construction in the neighborhood. The project is located at 169 Sheridan-Parkside Drive in the Town of Tonawanda, New York.

Contact: John W. Dorn, Town of Tonawanda, Phone: (716) 875-9947, Fax: (716) 875-9948, E-mail: jdorn@tonawanda.ny.us.

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